This Policy is a public document and has been drafted having regard to Marketsoft’ obligations under the Privacy Act 1988 (Privacy Act), including the Australian Privacy Principles.
1.1 Marketsoft will only collect Personal Information where necessary for Marketsoft to perform one or more of its functions or activities. In this context, ‘collect’ means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.
1.2 Marketsoft collects Personal Information primarily to supply organisations and individuals who obtain Marketsoft services with information and details of those services. Marketsoft also collects and uses Personal Information for secondary purposes including:
provision of services;
optimisation of marketing activities;
business planning and service development;
1.3 Marketsoft will notify individuals (including, but not limited to, our customers) of the matters listed below at the time of collecting any Personal Information:
the main reason that we are collecting Personal Information (this reason will be the Primary Purpose);
other related Uses or Disclosures that we may make of the Personal Information (Secondary Purposes);
our identity and how individuals can contact us, if this is not obvious;
that individuals can access the Personal Information that Marketsoft holds about them;
that individuals should contact Marketsoft (even if they are not a member or an employee of a member) if they wish to access or correct Personal Information collected by us or have any concerns in relation to Personal Information;
the organisations or types of organisations to whom we usually Disclose the Personal Information;
where applicable, any law that requires the Personal Information to be collected;
the consequences (if any) for the individual if all or part of the Personal Information is not provided to Marketsoft.
1.4 Where it is not practicable for Marketsoft to notify individuals of all of the Collection Information before the collection of Personal Information, Marketsoft will ensure that individuals are notified of the Collection Information as soon as possible after the collection. Marketsoft will provide “post collection notification” in those circumstances where it is not practicable to notify individuals about the collection of their personal information before it is collected.
1.5 Marketsoft will not collect Sensitive Information from individuals except with express consent from the individual and only where it is necessary for Marketsoft to collect such information for an activity or function.
1.6 Marketsoft will not collect Personal Information secretly or in an underhanded way.
1.7 Marketsoft will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.3.
2.1 Marketsoft will obtain an individual’s consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless the Use is a related Secondary Purpose, which would be within the relevant individual’s Reasonable Expectations.
2.2 Marketsoft Uses Personal Information primarily for the purposes listed in 1.2 above.
2.3 If Marketsoft relies on the Direct Marketing exception to Direct Market to individuals it will ensure that:
individuals are clearly notified of their right to Opt Out from further Direct Marketing; and
if the individual Opts Out of all Direct Marketing the Opt Out will be respected by Marketsoft and implemented free of charge.
2.4 Marketsoft will not use Sensitive Information for Direct Marketing.
2.5 Marketsoft may use Personal Information to avoid an imminent threat to a person’s life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities.
2.6 Marketsoft will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.
2.7 Marketsoft will not attempt to match de-identified or anonymous data collected through surveys or such online devices as “cookies”, with information identifying an individual, without the consent of the relevant individual.
3.1 Marketsoft may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual.
3.2 Marketsoft may Disclose Personal Information to unrelated third parties to enable outsourcing of functions where that Disclosure or Use is for a related Secondary Purpose and has been notified to individuals or where such Disclosure is within the individual’s Reasonable Expectations.
3.3 Marketsoft will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the Use and Disclosure requirements of the Privacy Act 1998.
3.4 In the rare event that Marketsoft is required to disclose Personal Information to law enforcement agencies, government agencies or external advisors Marketsoft will only do so in accordance with the Privacy Act or any other relevant Australian legislation.
3.5 Marketsoft may Disclose Personal Information to avoid an imminent threat to a person’s life or to public safety.
3.6 If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, Marketsoft will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.
3.7 Marketsoft does not generally share its customer lists on a commercial basis with third parties but if it did, it would only do so if we had the appropriate consent of the individual involved.
4. Information Quality
4.1 Marketsoft will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
4.2 Marketsoft will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years, unless the law requires otherwise.
5. Information Security
5.1 Marketsoft requires employees and contractors to perform their duties in a manner that is consistent with Marketsoft’s legal responsibilities in relation to privacy.
5.2 Marketsoft will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within Marketsoft who have a genuine “need to know” as well as “right to know”.
5.3 Marketsoft will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.
5.4 Marketsoft conduct training and reviews of our compliance with these Principles.
5.5 Employees who violate these Principles may be subject to disciplinary action, up to and including dismissal.
6. Access and Correction
6.1 Marketsoft will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.
6.2 Marketsoft will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.
6.3 Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting Marketsoft, as per the details on the back of this document.
6.4 Marketsoft will not normally charge a fee for processing an access request unless the request is complex or is resource intensive.
7.1 Contact with Marketsoft via phone or web inquiry will be the first point of contact for inquiries about privacy issues.
7.2 Any formal privacy related complaints should be directed in writing via email at email@example.com or writing to the Marketsoft Privacy Officer 48 Chandos Street, St Leonards NSW 2065.
7.3 Our Privacy Office will provide an initial response to privacy queries or complaints within 10 business days, and
investigate and attempt to resolve queries or complaints within 30 business days or such longer period as is necessary and notified to you by our Privacy Officer.
8. Anonymous Transactions
8.1 Marketsoft will not make it mandatory for visitors to its web sites to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. Marketsoft may however request visitors to provide Personal Information voluntarily to Marketsoft (for example, as part of a competition or questionnaire).
8.2 Marketsoft will allow its customers to transact with it anonymously wherever that is reasonable and practicable.
9. International Disclosure
9.1 Marketsoft does not generally send information overseas.
9.2 Marketsoft is unlikely to disclose Personal Information to overseas recipients, however may from time to time require access to overseas, third-party services required to support core business activities. These third parties include (but are not limited to) Ontraport, Typeform, Twitter and Google and may not be subject to the Privacy Act.
9.3 If Marketsoft wishes to disclose any Personal Information or Consumer & Business Data to overseas recipients, Marketsoft will take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the APPs (excluding APP 1) except as otherwise required, authorised or permitted by the law.
10. Notice and Processing
10.1 Where it is not apparent from the products or services you require or the nature of your relationship with us, we will tell you how your personal data will be processed.
10.2 We will process your personal data fairly and only for those purposes we have told you, for purposes permitted by you or as permitted by applicable law.
10.3 In addition, you may object to certain types of processing as expressly permitted by applicable law.
11.1 We give customers the option of having their personal data included or removed from lists used for marketing as required by applicable law.
12.1 If you have a complaint that we have breached these Principles and have attempted in good faith to resolve the complaint through our customer service process or employee complaints process, but the complaint was not resolved by us within a reasonable amount of time, then you may enforce these Principles against us.
12.2 If you complain to your local data protection authority and the data protection authority finds that we have breached these Principles, we will abide by the findings of the data protection authority, but we reserve the right to challenge or appeal such findings.
12.3 These Principles do not affect any rights you have under applicable law, the requirements of any applicable regulatory data protection authority, or any other type of agreement that you may have with us.
Collection Information means the information outlined in 1.3 notified to individuals prior to, or as soon as practical after, the collection of their Personal Information.
Direct Marketing means the marketing of goods or services through means of communication including written, verbal or electronic means. The goods or services which are marketed may be those of Marketsoft or a Related Body Corporate or those of an independent third party organisation.
Disclosure generally means the release of information outside Marketsoft, including under a contract to carry out an “outsourced function”.
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion.
Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.
Reasonable Expectation means a reasonable individual’s expectation that their personal information might be Used or Disclosed for the particular purpose.
Sensitive Information means information or an opinion about an Individual’s:
racial or ethnic origin; or
membership of a political association; or
religious beliefs or affiliations; or
philosophical beliefs; or
membership of a professional or trade association; or
membership of a trade union; orsexual preferences or practices; or
criminal record; that is also personal information; or
health information about an individual.
Use means the handling of Personal Information within Marketsoft.
14. Policy Updates
This policy may be updated from time to time – Marketsoft reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. Marketsoft will make every effort to communicate any significant changes to You via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended Policy.
15. Contacting Marketsoft
PO Box 412, St Leonards NSW 1590